James Jefferson v. B. Cooke
Opinion
Opinion
MEMORANDUM
James L. Jefferson, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to exhaust, and for clear error its factual determinations. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm.
The district court properly dismissed Jefferson’s action because he failed to exhaust administrative remedies or demonstrate that he was excused from doing so. See Woodford v. Ngo, 548 U.S. 81, 85, 93-95 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006) (holding that “proper exhaustion” is mandatory and requires adherence to administrative procedural rules).
The district court did not abuse its discretion by denying Jefferson’s requests for appointment of counsel because he failed to demonstrate extraordinary circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991) (setting forth standard of review and requiring “exceptional circumstances” for the appointment of counsel).